Opinion
No. 9840.
December 14, 2006.
Judgment, Supreme Court, New York County (Michael R. Ambrecht, J.), rendered January 6, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Eric Rosen of counsel), for respondent.
Before: Andrias, J.P., Saxe, Marlow, Nardelli and Williams, JJ.
Defendant's arguments for a reduced penalty under the Drug Law Reform Act (L 2004, ch 738) are without merit ( People v Utsey, 7 NY3d 398).